DNC Compliance - Do You Have A SAN? Here's how to Get One.

[Josh]

I'm not going to look through cases for you anymore than I'm going to find cases of individuals convicted for assaulting a cop. Both are illegal. I suspect it's much easier to get away with calling cell phones illegally than it is to assault the individual capable of arresting you on the spot.

The TCPA is the law that covers the DNC as well as the prohibition on calling cell phones using an ATDS as of about a year ago. The case I cited last time was an individual trying to use the defense of "my list broker scrubbed it, so I don't have to" and that defense was unsuccessful.

One thing that does make it easier to avoid getting caught is that most of the problems that would indicate one was using an ATDS are the same type of connection issues one would have using a cell phone or VOIP. That being considered, unless you tell the prospect you were using an ATDS, it would be their responsibility to prove you did; nice thing we have the fifth amendment.

Bottom line is that it is illegal to use an ATDS to call a cell phone and cell phone numbers are mixed in lists from most list brokers.

 

[Josh]

From what I understand lists should be scrubbed with the DNC on the first of the month. I'm looking for a list provider that scrubs on the first of the month even though I'm the one that is responsible for ensuring that everything is compliant.

It's supposed to be done every 30 days, we do it every two weeks. You can also use the tool in the first post to rescrub them yourself to be sure you have exercised reasonable care on your end.

 

[senior-advisor-indiana]

I'm not going to look through cases for you anymore than I'm going to find cases of individuals convicted for assaulting a cop. Both are illegal. I suspect it's much easier to get away with calling cell phones illegally than it is to assault the individual capable of arresting you on the spot.

The TCPA is the law that covers the DNC as well as the prohibition on calling cell phones using an ATDS as of about a year ago. The case I cited last time was an individual trying to use the defense of "my list broker scrubbed it, so I don't have to" and that defense was unsuccessful.

One thing that does make it easier to avoid getting caught is that most of the problems that would indicate one was using an ATDS are the same type of connection issues one would have using a cell phone or VOIP. That being considered, unless you tell the prospect you were using an ATDS, it would be their responsibility to prove you did; nice thing we have the fifth amendment.

Bottom line is that it is illegal to use an ATDS to call a cell phone and cell phone numbers are mixed in lists from most list brokers.

Maybe you shouldn't lie and say that a lot of people have been sued by this new law implying that it was from calling a cell phone using an ATDS. You tried to find a case before and couldn't. But now you are once again implying that it is happening a lot.

Bottom line-The only reason you don't want to look it up is because you know you probably won't find one.

 

[scagnt83]

Despite some peoples dislike of it, this thread is fairly informative.

Josh, I was recently told by someone that if you send a direct mail piece to a house there is a loophole that allows you to call them once to check up on the mailer. Is there any truth to that which you know of? I think its bs... but he swore up and down its not...


Also, there are some phone services out there that will automatically run the number you are calling against the DNC list. NYL used to use it when I worked there. Basically you call into the service, and then once you are connected you can then dial out to different lines and if its on the DNC it blocks the call and gives you a message about it being DNC.
Idk how much it cost since NYL paid for it. But it worked well.

 

[Josh]

Josh, I was recently told by someone that if you send a direct mail piece to a house there is a loophole that allows you to call them once to check up on the mailer. Is there any truth to that which you know of? I think its bs... but he swore up and down its not...

That's completely false. If they send a piece back you've got 90 days to f/u. If you have old lead cards (91+ since response) you should scrub them against the DNC before following up with them. Or door knock them, that's perfectly fine.

Also, there are some phone services out there that will automatically run the number you are calling against the DNC list. NYL used to use it when I worked there. Basically you call into the service, and then once you are connected you can then dial out to different lines and if its on the DNC it blocks the call and gives you a message about it being DNC.
Idk how much it cost since NYL paid for it. But it worked well.

There are some services that will do this. I believe if you register at https://telemarketing.donotcall.gov/ it will let you search up to 10 at a time without any special software. I'm working on developing an online scrubbing tool, but that's probably at least a few months out.

The system at NYL might have been Sales Intelligence and Marketing Compliance | Gryphon Networks. There are a lot of companies that use it. If you're a little tech savvy you could probably get setup with the desktop tool at the top and do you're own scrubbing without too much hassle, at the long end maybe an hour to learn it then 15-20 minutes each time you use it, could be under 5 minutes really.

 

[senior-advisor-indiana]

I was getting conflicting information with my list provider.

So I logged into to registry and you are wrong. It's 31 days that we need to scrub.

I've pasted the verbiage.

16. How often must I access the registry and remove numbers from my calling list?

If your calls are covered by the registry, you have to synchronize your lists with an updated version of the registry at least every 31 days.

I have heard of a lot of people getting sued for waiting until the 31st day to rescrub.

 

[Josh]

I was getting conflicting information with my list provider.

So I logged into to registry and you are wrong. It's 31 days that we need to scrub.

I've pasted the verbiage.

16. How often must I access the registry and remove numbers from my calling list?

If your calls are covered by the registry, you have to synchronize your lists with an updated version of the registry at least every 31 days.

Thanks for the f/u. The compliance tests for CE and stuff I've taken I thought were always 30 days, but in all fairness it doesn't seem like much of a difference between the single day. Again, we do it roughly every two weeks to be on the safe side.

I was the closest without going over

 

[pcbinsurance]

Josh, should I scrub more often if it's a leap year?

 

[Josh]

Josh, should I scrub more often if it's a leap year?

Only if the 29th falls on a Thursday.

 

[CALTCAgent]

Based on the amount of questions you ask and how repetitive a lot of it can be I can see why Thad thinks they are stupid questions and a waste of time,

I always wonder why someone would respond to stupid posts to say they are stupid ?

Wouldn't you put a person on ignore ?

but I do believe you're sincere. Even if you weren't, lots of people wonder about these things and it's nice to be able to answer questions for folks.

OK, I am sincere.